The Analysis The Environment Tort: What Economics Has To Do With Law And Why It

Since the Industrial Revolution. Western legal history established the "absolute ownership", "freedom of contract" and "fault" three principles The basic spirit is "private autonomy." According to Adam Smith's theory is represented by liberal economic ideas. Adam Smith that a country is the most effective way to increase wealth provides a legal structure people can be free to pursue their economic activities to improve their economic conditions. This promote personal interests, "tend to meet each other's needs, barter deals involving each deal." in the market in order to guide them through voluntary cooperation to meet the needs of others. "Each individual, he does not violate the laws of justice, should be allowed to complete their freedom, so he used his own way pursue their interests, and its labor and capital to compete with any other person or class. " In this spirit of the guidelines and a strong theoretical support, States have established a market-oriented economic growth mode and the distribution of resources and promote economic efficiency, production output and enhance the national strength. However, the creation of highly modern human material at the same time also to the survival of mankind poses an unprecedented challenge. such as environmental degradation, resource depletion and population growth, a traditional mode of production, consumption patterns and cultural values and sustainable development to highlight the growing discord. Environmental pollution and ecological damage to the environment as well as a tort problem is that many of the reasons is its performance. Economics from the legal perspective, the external environment is a core concept of copyright infringement. On the environment and infringement of the law is to allow individuals to explain the negative externality internal, inspire individuals so that the gap between the cost of private and social costs are minimized. Taking an infringement of national legislation on the environment system, basically take the responsibility instead of inalienable property rules or regulations First profits for Act (entitlement) to determine, Then, on the basis of an objective assessment of social compensation. Or based on ethical considerations that are directly applicable inalienable rules that prohibit trading with the right to compensation, The introduction of strict national intervention.This paper will use rational economics and maximize balance put further elucidates the concept of efficiency from the environmental pollution violations as a trading market. Economic Analysis of infringing on the environment launched.The full text of over 34,000 characters, is divided into six parts.Introduction is part of the concept of environmental analysis and environmental violations constitute infringement. The accident rights violations and environmental cost allocation of the relief and conclusions of environmental violations. To the external as the point of economics, studied the causes of environmental violations, the definition of the concept of environmental violations. Because of environmental infringement is a private individual producers along the production cost curve, which does not mean that the cost of private social costs production caused by external, in the absence of external constraint mechanism, not within, and thus environmental violations; scarce resources for basic prerequisite for the efficient allocation of property rights, the right to beam the modern market transactions, It is precisely because the transactions in the market right beam can not reach a consensual transaction costs too much and, therefore, it is particularly important to the initial allocation of rights, the environment and infringement of market transactions, the lopsided distribution of the rights is necessary; further analysis of environmental violations and accidents cost of the tort liability environment, Co-cost environment for the infringement infringement of the basic factors to weigh whether the infringement. Victims also claim the basic parameters for the proceedings, which consists of two parts. preventing accidents and the cost of relief after the accident occurred, the cost; Confirmation of an efficient and effective incentive infringer can take reasonable precautionary measures to encourage victims of appropriate choice, to reduce the total cost of raising the level of social welfare; The article described proposition for the lowest total cost to society of environmental violations an effective way of relief.